Although the cases have slowed in some areas, we still expect a heavy flu season. According to the CDC’s January 18 FLUVIEW, we’re up to 15-million U.S. flu illnesses, 140,000 hospitalizations, and 8,200 deaths, especially...more
After 35 years of practice, certain issues keep me awake at night. One concern is about contractors working onsite or embedded in a working plant or other facility. Examples include year-round or shutdown work at power...more
To almost everyone’s delight, OSHA has filled the vital position of the Director of the Directorate of Construction (DOC). The DOC Director position is always challenging to fill. It requires a high degree of construction...more
I recently talked to a group of managers about misusing Standard Operating Procedures (SOPs) and the resulting safety and performance problems. Issues raised, included...
• Employees justifying bad judgment by claiming...more
In a significant victory for employers, a federal appeals court recently limited OSHA’s ability to expand accident investigations beyond their original and intended scope. The 11th Circuit’s decision in United States v....more
10/18/2018
/ Appeals ,
General Duty Clause ,
Motions to Quash ,
OSHA ,
Probable Cause ,
Recordkeeping Requirements ,
Safety Inspections ,
Safety Violations ,
Search Warrant ,
Workplace Hazards ,
Workplace Injury
Oct. 9, 2018 We've waited for over a year to learn if the 11th Circuit Court of Appeals would uphold an earlier court decision saying that OSHA could not expand an injury-based inspection by arguing that injury records and an...more
10/10/2018
/ Chemicals ,
Corporate Counsel ,
Employer Liability Issues ,
Hazardous Substances ,
Manufacturers ,
Motions to Quash ,
OSHA ,
Probable Cause ,
Safety Inspections ,
Search Warrant ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
I handled my first combustible dust case in the late 80s and long before I worked at the Imperial Sugar plant event, I had learned about the fickle and never-to-be-taken lightly risks associated with combustible dust....more
7/13/2018
/ Combustible Dust ,
Employer Liability Issues ,
Fires ,
Hazardous Substances ,
Manufacturers ,
Manufacturing Facilities ,
OSHA ,
Risk Mitigation ,
Safety Data Sheets ,
Safety Inspections ,
Workplace Hazards ,
Workplace Safety
I am not encouraging workplace violence, even for individuals who may deserve a good old fashioned whooping. However, it is worth noting that one of the few Hollywood celebrities to have largely survived the onslaught of...more
This list of frequently asked questions was originally prepared by the law firm of Fisher Phillips in 2005, in response to Hurricanes Katrina, Rita and Wilma. It has been updated several times over the course of the past 12...more
9/8/2017
/ COBRA ,
Department of Homeland Security (DHS) ,
Disaster Preparedness ,
Donations ,
Emergency Response ,
Employer Group Health Plans ,
Family and Medical Leave Act (FMLA) ,
Form I-9 ,
Hardship Distributions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hiring & Firing ,
Hurricane Harvey ,
Hurricane Irma ,
Hurricane Season ,
Labor Relations ,
Military Leave ,
Natural Disasters ,
Plant Closures ,
Popular ,
Retirement Plan ,
Severe Weather ,
Unemployment Benefits ,
Wage and Hour ,
WARN Act ,
Workers' Compensation Claim ,
Workplace Hazards ,
Workplace Safety
Despite the constant news coverage, Americans are inevitably surprised by the violence of hurricanes … and even more by the damages inflicted by storm surges and the extraordinary amounts of rain once the hurricane high winds...more
8/29/2017
/ Disaster Preparedness ,
Employee Training ,
Employer Liability Issues ,
FEMA ,
Flooding ,
Hurricane Harvey ,
Hurricane Season ,
Natural Disasters ,
New Guidance ,
NOAA ,
OSHA ,
Recovery Plans ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
The Eclipse, Workers Safety and Triffids.
Tomorrow is the much-awaited Eclipse and employers are beginning to worry that they may not have taken all appropriate steps to protect their employees. Shockingly, OSHA does not...more
We were stunned to see a squared away State OSHA plan issue a million dollar OSHA citation earlier this month.
We should, therefore take note, when that state’s Governor actually spoke at the state’s “Governor’s Safety...more
We saw more OSHA changes in 2015 than in any time in the last 30 odd years. Nevertheless, an OSHA Administrative Judge issued a decision a few weeks ago that could eclipse OSHA’s 2015 pronouncements on temporary employees,...more
We updated you about OSHA’s new Weighted Inspection Program in our October 3 post, “What’s the Real Effect of OSHA’s Revamped Inspection Process, the Enforcement Weighing System?” A BNA piece tonight summed up the...more